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(영문) 울산지방법원 2015.12.21 2015고단2377
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving three cargo vehicles.

1. On June 25, 2015, the Defendant driven the foregoing cargo vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.183 percent from the section of 50 meters from the front side of the sound market in Ulsan-gu to the front road of the opening market in the same Dong, at around 22:55 on June 25, 2015.

2. On June 25, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) driving of the above cargo vehicle, leading directly to a speed of about 50 kilometers a speed of 50 kilometers a speed from the right side of the sound market to the right side of the transmission station distance range from the right side of the sound market.

There are signals and crosswalks installed, so in such cases, the person engaged in driving service has a duty of care to maintain the signal by reducing the speed and by properly examining the right and the right and the right of the road, and to check whether there is a person standing the crosswalk, and to safely drive the crosswalk.

Nevertheless, the Defendant neglected to identify the victim D (the age of 21) who was going on a sidewalk in accordance with the pedestrian signals due to influence of drinking, and neglected to drive it while making it difficult to drive it normally, as stated in the preceding paragraph, and caused the victim E (the age of 56) to go beyond the above crosswalk by taking the victim E (the age of 56) toward the right side of the cargo vehicle.

Ultimately, the Defendant driven a car in a situation where normal driving is difficult due to the influence of drinking, and caused the injury of the victim D, such as the crums, tensions, etc., and the injury of the victim E, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E;

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